Privacy Notice for California Residents

Privacy Notice for California Residents

Effective Date: 08.25.2020

Last Updated: 08.25.2020

I. Overview

You should read TKM United States, Inc.’s entire Privacy Notice for California Residents, but here is a partial list of some of the key topics.   

Click here to learn who we are and who is covered by this Privacy Notice

Click here to learn what categories of information we collect from California consumers and why we collect it.

Click here to learn about our data collection, use, and disclosure practices during the 12-month period preceding the Effective Date.

We do not, and will not, sell personal information of consumers. We have not sold any such information in the last 12 months.  

Click here to learn about your rights and choices with respect to your personal information and how to exercise those rights

We will not discriminate against you for exercising any rights you may have been granted under the California Consumer Privacy Act.

Click here to learn how to contact us for more information about our privacy practices.

II. Introduction

This Privacy Notice for California Residents supplements the information contained in TKM United States, Inc.’s (“TKM” “we,” “us,” or “our”) website privacy policies and describes our privacy practices with respect to individuals who reside in the State of California ("consumers" or "you").  

We adopt this notice to comply with the California Consumer Privacy Act of 2018, as may be amended, replaced, or superseded as well as any implementing regulations (CCPA). Any terms defined in the CCPA have the same meaning when used in this notice.  

III. Information we collect about California consumers

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information").  However, personal information does not include:

· Publicly available information from government records.

· Deidentified or aggregated consumer information.

· Information excluded from the CCPA's scope, like:

· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

· personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Specifically, we collect the following categories of personal information:  

Category Examples Do we collect this information?

A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, bank account number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories. YES

C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO

D. Commercial information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES

E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO

F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. NO

G. Geolocation data. Location of a device used to access a website, or location of an individual making a purchase. YES

H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES

I. Professional or employment-related information. Current or past job history or performance evaluations. YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO

K. Inferences drawn from other personal information. Profile reflecting a person's preferences, including taste preferences, color preferences, and purchasing preferences. NO


We collect and share personal information in the above categories for the following business purposes:

To carry out your requests, respond to your questions and comments, and in other ways naturally associated with the circumstances in which you provided information to us. For example, if you share your name and contact information to ask a question about our products, we will use that personal information to respond to your inquiry. 

To investigate and respond to concerns or claims that you have communicated to us about the quality of our products.  

To personalize your online experience while using our Services and to help us administer, run, evaluate, and improve our Services.

To help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.

To report to regulatory authorities as required by law.  

To respond to law enforcement requests and other requests as required by applicable law, court order, or governmental regulations.

To protect and enforce our and others’ intellectual property rights; to protect or defend our legal rights or property, our Services, or other users; and to protect the health and safety of our Services’ users or the general public.

To verify your identity so that we can respond to a request you make under the applicable law.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about consumers is among the assets transferred.

As described to you when collecting your personal information. 

For any purpose with your consent.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We do not, to our knowledge, collect or sell personal information of minors under 16 years of age.

IV. We do not sell your personal information

We do not, and will not, sell personal information of consumers and have not sold any such personal information within the last twelve (12) months. 

V. Notice of personal information that we have collected or disclosed in the last 12 months

In the last twelve (12) months, we have collected or disclosed the following categories of personal information for a business purpose: 

1. Categories of information collected in the last 12 months

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category G: Geolocation data.

Category H: Sensory data.

Category I: Professional or employment-related information.

2. How we collected this information

We collected the above categories of your personal information directly from you when you provide it to us.

3. Why we collected personal information

We have collected and disclosed personal information in the above categories for the following business purposes:

To carry out your requests, respond to your questions and comments, and in other ways naturally associated with the circumstances in which you provided information to us. For example, if you share your name and contact information to ask a question about our products, we will use that personal information to respond to your inquiry. 

To investigate and respond to concerns or claims that you have communicated to us about the quality of our products.  

To personalize your online experience while using our Services and to help us administer, run, evaluate, and improve our Services.

To help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.

To report to regulatory authorities as required by law.  

To respond to law enforcement requests and other requests as required by applicable law, court order, or governmental regulations.

To protect and enforce our and others’ intellectual property rights; to protect or defend our legal rights or property, our Services, or other users; and to protect the health and safety of our Services’ users or the general public.

To verify your identity so that we can respond to a request you make under the applicable law.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about consumers is among the assets transferred.

As described to you when collecting your personal information. 

Use for any other purpose with your consent.

4. Who we have shared this information with for a business purpose

We have not disclosed any sensory information, commercial information or employment information to any third party within the past 12 months.  For each of the other categories, we shared your personal information with legal authorities, service providers and vendors who need to have the information for us to provide requested services to you (e.g., shipping companies, tax authorities, etc.).  


VI. Your Rights and Choices 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes the rights provided by the CCPA and explains how to exercise those rights.

A. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

The categories of personal information we collected about you.

The categories of sources for the personal information we collected about you.

Our business or commercial purpose for collecting that personal information. 

The categories of third parties with whom we share that personal information.

The specific pieces of personal information we collected about you (also called a data portability request).

If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

o sales, identifying the personal information categories that each category of recipient purchased; and 

o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

B. Deletion Request Rights 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. 

C. Exercising Access, Data Portability, and Deletion Rights

How to submit requests

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: 

Toll free number 866-856-8721, or 

Email WebshopSales@tkmus.com

Who may submit requests

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  You may designate an authorized agent to make a request on your behalf by verifying your identity with us and providing a signed writing granting the authorized agent permission to submit requests on your behalf.

How often you can submit requests

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

How we verify and respond to requests

Your requests to access or delete information must be verifiable. The request must:

Provide sufficient information that allows us to reasonably very you are the person about whom we collected personal information or an authorized representative, which may include requiring you to provide us at least two data points, depending on the type of personal information you are requesting to know or are requesting to be deleted.  

Describe your request with enough detail that allows us to properly understand, evaluate and respond to it.

If you have an account with us, we may require you to login using that account for the purpose of verifying the request.  Otherwise, we may verify a request by comparing pieces of information provided by the requestor with information, such as Company name and address, buyers name, email address, Tax ID, telephone number, etc., we have previously obtained from the data subject to whom the request relates. 

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing within forty-five (45) days of receiving your verifiable consumer request.  

We will deliver our written response by mail or electronically, at your option. 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.  

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

VII. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. You have a right not to receive discriminatory treatment by us for exercising your privacy rights.

VIII. Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. At this time, we do not engage in this type of disclosure. 

IX. Who to contact for more information?

For questions or concerns about our privacy policy and practices, you can contact us at the method set forth below.

Phone: 866-856-8721

Email: WebshopSales@tkmus.com 

Postal Address: 1845 Airport Exchange Blvd., Suite 150

Erlanger, KY, 41018-3166